1. Fair Courts = justice
Introduce self and NAWJ IVP. As participants arrive and are talking, you can distribute the Judicial Bingo and have everyone try to answer the full sheet. Do not review until the end. Bring giveaways for anyone that answers all correctly.

2. Objectives
Recognize the role of the judicial branch in our governmental structure;
Differentiate between judges and other elected officials;
Identify the processes for selecting judges; and
Recognize present day challenges facing the judicial branch.
Objectives may be modified to fit with specific presentations.

3. Warm Up Exercise When you walk into the courtroom and face the judge…
…what qualities or characteristics are most important to you?
This presentation, if properly paced, should take thirty minutes to present. It is important not only to impart knowledge but to connect with the audience. So to the extent possible walk around the room and engage with your audience as opposed to standing behind a podium when you present. Begin by asking the audience:
No matter what the case, when you walk into the courtroom to face a judge, what qualities or characteristics are most important to you?
Receive responses from full audience.

4. Characteristics of Judges What characteristics are most important to you?
Knowledge of the law
Impartial/Unbiased
Fair minded
Attentive
Respectful/Understanding
Honesty/Integrity
Neutral
Professional demeanor
What would you add?
Then debrief by showing some of the top responses from prior audiences when asked to identify characteristics or considerations the public wants to see in judges.  What new qualities or characteristics were added by this group? 

5. Our Constitutional Structure
The Role of the Courts
Our Constitutional Structure

6. Public knowledge of our system
A 2014 national survey conducted by the Annenberg Public Policy Center of the University of Pennsylvania has found that:
One in five Americans incorrectly thinks that a 5-4 Supreme Court decision is sent back to Congress for reconsideration.
Americans show great uncertainty when it comes to answering basic questions about how their government works, a 2014 national survey conducted by the Annenberg Public Policy Center of the University of Pennsylvania has found.
Only 36% of respondents could name all three branches of the U.S. government, just as many (35 percent) could not name a single one.

7. What does the Constitution do?
Start with the basics….what is the Supreme Law of the Land --- the United States Constitution. What is the purpose of the document. What does the Constitution do? (Sets up structure and function of the government; lists some of our rights; and also limits the power of government) Sort of like a rule book for government. Distribute pocket Constitutions from your state bar if you can obtain. Do not use ones with messages from outside groups.

8. Briefly highlight our system of government including our three branches and corresponding responsibilities. The Framers designed a government with separation of powers and checks and balances. They split the government into different parts to prevent the abuse of power by any one branch. Emphasize the dangers of placing all responsibilities into one branch of government. What if the President or Governor was responsible for making the law and enforcing the law as well as interpreting the law. The James Madison quote is from The Federalist #47.

9. Total power in one branch of the government
What if one entity was able to…
…make the law
…enforce the law
…and interpret and apply the law
Total power in one branch of the government
If all powers resided in one person or branch, how would this impact our government? Highlight the importance of checks and balances to ensure no one branch has too much power.

10. Prior to the American Revolution….
Before the American Revolution, courts in the colonies were seen as instruments of oppression. Juries could be locked up until they reached the "right" decision. Judges were seen as puppets of the king.

11. Historical Concerns Over Judicial Selection
“He (King George III) has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.”
Colonial
Era
Judges selected by the King.
Colonists outlined complaints in the Declaration of Independence citing how the King abused power and controlled the judiciary.
In fact, the Declaration of Independence criticized King George III for making "judges dependent upon his will alone for the tenure of their offices and the amount and payment of their salaries”. If you didn’t decide the way the king wanted then the king would just replace you with someone else who would. Who should judges be accountable to? The LAW. So our Constitution provided for judges at the federal level to be appointed for life terms to insulate them from politics and public opinion.

12. The Courts
The Judicial Branch was not designed to be a political or representative branch.
Background to presenter: Federalist 78

13. Judicial Selection and accountability
The role of judges
Judicial Selection and accountability

14. The Role of the Judicial Branch
Resolve disputes through a legal process;
Interpret and apply the law;
Determine if a law is unconstitutional;
Protect the rights of the people.

15. How are judges different from other elected officials?
Legislators make decisions based on the needs/desires of their constituents or voters, their own beliefs, or their political party’s agenda.
Judges must follow the law and should not be influenced by politics, special interest groups, money, public opinion or their own personal beliefs.
Ask: How are judges different from other elected officials? Emphasize with respect to how decisions are made.
Differentiate between judges and other elected officials such as legislators.

16. Why should you care about who the judges are in your community?
95%
of all cases in the United States are filed in state courts.
100
MILLION
cases coming before nearly 30,000 state court judges each year.
From the Brennan Center for Justice: “Approximately 95 percent of all cases in the United States are filed in state courts, with more than 100 million cases coming before nearly 30,000 state court judges each year. State court judges decide cases that touch on virtually every aspect of Americans’ lives, from school funding to the rights of the accused.”
Brennan Center for Justice

17. What kinds of issues do judges decide?
Judges make important decisions which may directly impact your life including:
Decisions that impact your FAMILY like:
Child custody
Divorce
Inheritance disputes
Decisions that impact your RIGHTS, your PRIVACY, or your SECURITY.
Highlight why the public should care about who the judges are in their communities. Provide examples.
Remind the audience of the following points:
Courts protect your rights.
Courts ensure the rule of law is upheld and that people are treated equally before the law.
Judges determine if laws are unconstitutional and decide all types of disputes.
As well as decisions which impact your PROPERTY such as:
Your home
Your business
…and much, much more!

18. Selection of Federal Judges
The Federal Court System
The U. S. Constitution states in Article III that federal judges are to be nominated by the President and confirmed by the Senate.
Not elected
Serve life appointments
Discuss briefly the two parallel court systems in our country (state and federal). Highlight Federalist 78 (Alexander Hamilton) to provide reasons for life time tenure and independence of judges.

19. State constitutions or statutes set methods for selecting state judges
States utilize one of three models:
Elections
Either Partisan or Nonpartisan
Appointments
Different models in different states
Hybrid models – Merit Selection and Retention
Using Nominating Commissions to review candidates, followed by appointment and retention elections
While federal judges receive life appointments, this is not the case for most of our state court judges.
Highlight high percentage of cases (and types of cases) that are heard in state courts (over 90%).  Refer to state and federal constitutions for information on each.  Highlight the three basic models of judicial selection for state level judges in this country. Ask the audience if they know the process their state uses. Where would they look to find the answer? (Ex: State Constitution) Tip: Best way to learn about state and federal government is to read the state and federal constitutions.

20. Judicial Selection in the United States
Discuss your state’s selection processes. Compare with other states.

21. Once selected, how are judges accountable?
Oath of Office – sworn to support, protect and defend the US Constitution and State Constitution
The Appellate Process – judicial decisions can be appealed to a higher court for review (appellate review)
Judges must follow the Constitution (US and State), statutes/sentencing guidelines, case law
(precedent), rules (court and procedural), etc.
Discuss checks on judicial power and how judges at the state level are accountable in their positions. First judges are sworn to support, protect and defend the US and State Constitutions. Judicial decisions can be appealed to a higher court for review.  Emphasize that judges must follow the law (precedent, sentencing guidelines, court rules, etc).  Sometimes judges’ decisions on sentencing a person for a crime they committed depends on the laws passed by the legislature as well as what the State Attorney has formally charged a person with. Minimum mandatory sentencing example could be used here.

22. Once selected, how are judges accountable?
Code of Judicial Conduct – states have standards of ethical conduct for judges.
Judges can be disciplined (from reprimands to removal from bench) for violations of the Code of Conduct.
Other means of judicial accountability: Judges must adhere to strict standards of ethical conduct. Misconduct and unethical behavior can lead to disciplinary procedures from reprimands to removal from the bench.

23. In many states, the public can review disciplinary actions and pending cases against judges who have violated the code of conduct. This ensures transparency within the judicial branch. Ex: Florida

24. What issues may impact fair and impartial courts today?
Political attempts to influence judicial selection processes
Infusion of special interest money into judicial elections
Pressure on judicial candidates to take positions on issues or promise specific rulings
Threats of removal from office or impeachment
for decisions in controversial cases
Reduction of state court funding
Labeling of judges
Historically we have seen the impact of external forces on the judiciary. Tension between the branches has existed throughout history. Mention FDR and court-packing, etc. Highlight briefly some of the issues listed that may be impacting our courts today. Expand upon the topics listed above and have audience add other issues. Who should judges be accountable to  --- politicians and special interest groups or the law and the Constitution.
Provide examples from throughout the country.

25. Labeling Judicial decision making OR Judicial Activism
Fair and impartial OR
Conservative/
Liberal
Interpreting the law (determining what a statute means or says) OR
Legislating from the Bench/Judge –made law
 Identify labels (positive and negative) sometimes used to describe judges and judicial decisions.  What impact can labels have?   Judicial activism is generally used to describe a decision someone disagrees with. If applicable, use example of No Vehicles in the Park. If a law is not clear or specific enough, someone may challenge the law in the courts. The courts do not go out and search for laws to invalidate or question. Simple example would be No Vehicles in the Park. The sign is up at a park entrance. What is a vehicle? What about motorcycles or motorized wheel chairs…… What about a school bus or an ambulance. Who could get a ticket if they go into the park. On a higher level ask questions in the US Constitution. For example What is UNREASONABLE under the 4th amendment. Use case scenarios. Is it reasonable for police to search your home without a warrant? How about your car? Is it reasonable for the government to track your Internet browser results, etc.
The term “activist” judge has become a pejorative term that has become synonymous with "bad" judge – one who "makes" law rather than interprets law; one who legislates from the bench rather than "interprets statutes"; one who holds a statute "unconstitutional" rather than one who is "deferential" to the Legislature; one who "protects criminals" rather than "protects victims."
Or what about the term “judge made law?” What does that imply? 

26. What do you think?
…what factors should NOT influence the judge’s decision in your case?
Public opinion about the issue
Political demands
Your political party affiliation
The position of special interest groups on the issue
Media reports
Personal perspectives or affiliations of the judge
Money or special interests
When you walk into the courtroom and face the judge…
Now that we have examined the characteristics and accountability of judges, what factors do you think should not influence the judge’s decision in your case? This can be a small group activity/discussion.
Do not advance the presentation beyond the questions until responses have been received.
Should outcomes of cases rest upon public opinion polls or political demands, or the media or special interests? What about emotionally charged high profile cases. The factors listed above are some of the most reported. Others may be added.

27. Visit the Informed Voters Project website at ivp.nawj.org
Like us on Facebook at Informed Voters, Fair Judges – National Association of Women Judges
Visit the Informed Voters Project website at ivp.nawj.org
Highlight website and Facebook page. Videos and PSAs are also available.

29. What can you do? For additional information contact staff@flrea.org
Provide concrete examples of how to get involved to ensure a fair and impartial judiciary. Encourage participants to visit the
website and Facebook page. Share materials and discuss with others. If you hear labels utilized to describe judges or judicial
decisions, utilize reasoning and critical thinking skills to evaluate the source and context of the criticisms.
Think critically and educate others about the role of judges in our constitutional system and how judges are different from other elected officials
Examine the judge’s legal and judicial experience as well as his or her educational background in making decisions
Seek information on the judge’s temperament and judicial demeanor on the bench
Determine if the judge has disciplinary record as a lawyer or judge